JUDGMENT OF THE COURT
JONAS AKUNO O'KUBASU , the appellant herein, was convicted in the Senior Principal Magistrate's court, Kakamega, on one count of corruption contrary to Section 3 (1) of the Prevention of Corruption Act, Cap 65 , and sentenced to serve two years imprisonment. His appeal to the superior court (Tanui, J.) was dismissed on 2 July 1998. He appeals to this Court against the whole of that decision.
The appellant was employed in the Public Service as a Locational Chief. He was charged that he corruptly received from Patrick Otende Masheka K.Shs.1,000/= in order to assist him in a disputed piece of land plot No. 412 Luanda Township - a matter in which the public body was concerned. We assume that the public body in this case was the Government of Kenya.
In support of its case, the prosecution called six witnesses whose evidence the trial court accepted, namely, that he was given K.Shs.1,000/= which he accepted to assist in a disputed piece of land. On behalf of the defence t…